Statute of Limitations, SEC | JD Supra Law News

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - March 29, 2013

by BuckleySandler LLP on 3/29/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - CREDIT CARDS - PAYMENTS -...more

Supreme Court Holds SEC to Five-Year Statute of Limitations for Civil Enforcement Actions; Decision May Extend to Other Federal...

by Christopher R. Hall, Brian Simons | Saul Ewing LLP on 3/25/2013

The Supreme Court recently rebuffed an attempt by the U.S. Securities and Exchange Commission (“SEC”) to gain more time to file actions to enforce civil penalties by invoking the “discovery rule.” In the case of Gabelli vs....more

White Collar Watch - March 2013

by Andrea P. Brockway, Brett S. Covington, Christopher R. Hall, Nicholas J. Nastasi, Gregory G. Schwab, Brian Simons, Matthew Smith | Saul Ewing LLP on 3/22/2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

Gabelli v. SEC: The Supreme Court Limits the Statute of Limitations for SEC Actions

by Andrea Cortland, Angelo Savino | Cozen O'Connor on 3/20/2013

In a recent unanimous decision, the U.S. Supreme Court held that the Securities Exchange Commission (SEC) has five years from the date when an alleged fraud begins – not from the date when the SEC uncovers the fraud – to...more

SEC Gets Five Years to Seek Civil Penalties for Fraud

by Holland & Knight LLP on 3/20/2013

On February 27, 2013, the U.S. Supreme Court decided that if the SEC wants to bring civil penalties against an investment adviser for fraud, there is a five-year statute of limitation period which starts to toll from the date...more

In The Wake Of Gabelli, SEC Voluntarily Dismisses Follow-On Cert. Petition

by Justin Lichterman, Jim Meyers | Orrick - Securities Litigation and Regulatory... on 3/14/2013

Today, the Solicitor General filed a motion asking the Supreme Court to dismiss the Securities and Exchange Commission’s petition for a writ of certiorari in SEC v. Bartek. As noted in a previous blog post, the Bartek...more

Supreme Court Denies SEC Extra Time to Bring Enforcement Actions for Civil Penalties

by Tenley Mochizuki, Bruce Sabados | Katten Muchin Rosenman LLP on 3/13/2013

The US Supreme Court recently held that the Securities and Exchange Commission has five years from the date an alleged fraud occurs, not from the date of its discovery, to bring an enforcement action for civil penalties....more

U.S. Supreme Court Rejects SEC’s Bid For More Time To Bring Civil Fraud Enforcement Action

by BuckleySandler LLP on 3/11/2013

On February 27, the U.S. Supreme Court held that the clock on the five-year statute of limitations for the SEC to pursue civil fraud claims under the Investment Advisers Act begins to run when the fraud occurs, and not when...more

The Supreme Court Holds that the “Discovery Rule” Does Not Apply to SEC Enforcement Actions for Financial Penalties and Affirms...

by Daniel Marx | Foley Hoag LLP on 3/8/2013

In Gabelli v. SEC, No. 11-1274 (Feb. 27, 2013), a unanimous Supreme Court issued a much anticipated decision on the statute of limitations for civil enforcement actions in which the SEC seeks monetary penalties, fines or...more

Fraud and the “Discovery Rule” — Two Takeaways from The Supreme Court’s Recent Decision in Gabelli v. Securities and Exchange...

by Timothy J. Taylor | Holland & Knight LLP on 3/8/2013

Fraud likes to hide. Which is why, since the 18th century, courts have held that a statute of limitations for fraud does not begin to run until the victim discovers the fraud. In Gabelli v. Securities and Exchange Commission,...more

United States Supreme Court Declines to Apply the "Discovery Rule" to Extend the Five-Year Statute of Limitations for SEC Punitive...

by Taraneh Fard, John Stigi | Sheppard Mullin Richter & Hampton LLP on 3/7/2013

In Gabelli v. Securities & Exchange Commission, No. 11-1274, 2013 WL 691002 (U.S. Feb. 27, 2013), the United States Supreme Court, in a unanimous opinion by Chief Justice Roberts, held that the five-year statute of...more

Statute of Limitations for Government Enforcement Actions Seeking Civil Penalties Starts When Conduct Occurs, Not When Discovered

by Fernando Aenlle-Rocha, Kenneth A. Caruso, Christopher Curran, G. William Currier, Scott E. Hershman, Darryl S. Lew, Gregory G. Little, Neal McAliley, Owen Pell | White & Case LLP on 3/6/2013

In Gabelli v. SEC, 568 US ___ (2013), a unanimous Supreme Court reversed the Second Circuit and held that the five-year statute of limitations for Government civil penalty enforcement actions under 28 U.S.C. §2642 begins to...more

Supreme Court Rejects SEC's Position Concerning Statute of Limitations in Securities Fraud Actions

by Bradley Bondi, James Treanor | Cadwalader - Financial Restructuring on 3/5/2013

On February 27, 2013, the Supreme Court of the United States issued its decision in Gabelli v. SEC, holding that, in an action by the government for civil penalties, the five-year statute of limitations provided by 28 U.S.C....more

Supreme Court Finds No Fraud Exception to Five-Year Statute of Limitations for Government Lawsuits Seeking Civil Penalties

by Bruce Ericson, David Furbush, Sarah A. Good | Pillsbury Winthrop Shaw Pittman LLP on 3/5/2013

The U.S. Supreme Court’s recent decision in Gabelli v. Securities Exchange Commission (Feb. 27, 2013) rejects an attempt by the Securities and Exchange Commission to extend a statute of limitations by invoking a “discovery...more

Gabelli v. SEC: the Supreme Court's Statute of Limitations Ruling Puts Pressure on Federal Agencies to Investigate More...

by Stephen Fogdall | Schnader Harrison Segal & Lewis LLP on 3/5/2013

In a sweeping decision that could impact numerous enforcement actions by a number of federal agencies, the U.S. Supreme Court rejected the federal government’s argument that an agency should be entitled to the protection of...more

Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come

by Jeffrey Cook, Brian Miller | Akerman Senterfitt on 3/1/2013

The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions...more

Use It or Lose It: U.S. Supreme Court Holds the SEC Must Bring Civil Enforcement Actions Within Five Years of Wrongful Conduct

by Eric Breslin, Melissa Geller, Marvin G. Pickholz, Mauro Wolfe | Duane Morris LLP on 3/1/2013

On February 27, 2013, the United States Supreme Court put a stop to the Securities and Exchange Commission's (SEC) practice of bringing civil enforcement actions outside the five-year statute of limitations. In an opinion by...more

Supreme Court Knocks Out Last Prop of OSHA Rule on Statute of Limitations

by James Lastowka, Arthur Sapper | McDermott Will & Emery on 3/1/2013

On February 27, 2013, the Supreme Court of the United States in Gabelli v. SEC unanimously disapproved of the so-called discovery rule for postponing the running of a statute of limitations when a federal government agency...more

Supreme Court Rules SEC Has Five Years to Seek Penalties

by Fredric Firestone, Eugene Goldman, Michael Ungar | McDermott Will & Emery on 3/1/2013

In an important decision, the Supreme Court held that the SEC has five years from when a fraud occurred to file an action to seek civil penalties. Although the ruling was limited to civil penalties, the decision might prompt...more

U.S. Supreme Court Rules That the Government Does Not Have an Unlimited Amount of Time in Which to Bring Civil Penalty Actions

by Kathleen Massey, Edward McDonald, Joshua Sherman | Dechert LLP on 3/1/2013

In a unanimous decision written by Chief Justice John G. Roberts, Jr., the United States Supreme Court has ruled that the Government does not have an unlimited amount of time to bring civil penalty actions based on fraud. In...more

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Statute of Limitations › Securities & Exchange Commission